McQuarrie Chapter 9- Strikes and Lockouts Flashcards
What is a strike? What is a lockout?
Strike: Members of bargaining unit withdraw their labour
Lockout: Employer closes all or part of workplace so workers cannot work
What are pseudonyms for strikes/lockouts?
Industrial action/industrial conflict
When can a strike take place?
Only WHILE collective bargaining is in progress
Why dos trikes occur?
Negotiations have broken down
Is ZERO work being done when a strike is on?
Not necessarily, (Rotating strikes), (Work to rule campaigns) can be considered strikes
Why perform strikes?
Inflict economic pain on other side to force acceptance of bargaining demands?
Who tends to win in a strike?
The party that is better able to withstand economic pain
What is a rotating strike?
A strike that may only happen on certain days (high volume sales days) or rotating which department in the facility is striking.. Goal: nuisance to company, less so to employee
How can strikes be brought about in the wrong manner?
A strike can be a very poor decision in reality, which occurs as a result of:
- lack of bargaining experience
- limited disclosure of info
- complexity of issues
- miscalculation of other sides position
- Changes in expectations during bargaining
What factors bring about strikes?
Unions and managements distrust of each other
- Worker dissatisfaction
- Managements willingness to address discontent
- Ability of union leaders to mobilize discontent
- Whether strikes are socially legitimate
- As a way to visibly express concerns
How does the Bargaining Structure relate to striking?
Here, Structure refers to Size of bargaining unit
LARGER unit; more likely to strike, more pressure is exerted when more workers are striking
Strikes involving SMALLER units tend to be longer than those of larger
What are some individual factors affecting a strike?
- Loyal union members more likely to support
- Nature of past relationship between the parties can have an effect
- Whether or not strikes or lockouts were effective in the past can affect
What are legal preconditions for a strike to occur?
Must only occur during:
- collective bargaining
- When an existing collective agreement has expired
- Must be authorized by a secret ballot ‘Strike vote’ by members of bargaining unit
- >Majority vote required - Most jurisdictions require that third party intervention must occur before a strike/lockout action. Attempt at mediation
- Union must give notice as to when action will begin
- Essential Services cannot strike (essential service stopping causes threat to public safety or health)
What is Back To Work Legislation?
The government mandates that the courts end strikes.. this action can cause long term difficulty with the striking unit
Can striking workers work elsewhere?
Yes
What two major factors affect how a strike or lockout proceeds?
Picketing:
- Help strikers gain public support for striking or locked-out workers
- To discourage individuals from entering employers premises
-Hiring of temporary workers (‘scabs’)
Why is regulating picketing complex?
Shared premises: Employer shares their premises with other businesses. The picketers must not interfere with the work at the other businesses.
Secondary Picketing: picketers go to suppliers of the business or to other locations that are not on strike or locked out
When is secondary picketing legal?
Union must prove that supplier or associate being picketed does business ONLY or PRIMARILY with the employer.
Secondary picketing s done to attempt to hamper employers revenue making
What rules surround Picketing?
Picketers cannot break any regular laws.. No vandalism or destruction of property, or intimidation of people entering/leaving the property.
FACT ONLY
Picket signs and any leaflets distributed etc must not contain libel
What is ‘crossing the picket line’
Crossing the picket line means going against everyone who is striking, and going to work so as to continue to make money
What is a ‘hot declaration’?
AKA boycott: Union calls it so that other union members will not handle the goods of the struck company
What are some reasons to permit replacement workers?
- The employers business should not be affected by decision of workers to withdraw their labour
- Prolonged shutdown or reduction could cause lasting harm to the business
- If striking workers are not banned from earning elsewhere during strike, the employer should not be banned from earning revenue likewise
What are some arguments against permitting replacement workers?
- Such a practice unduly favours the employer
- Removes any conomic incentive employer had to cede to unions demands
- Creates great potential for picket line violence
What is a Professional Strike Breaker?
Someone who is hired full time during a strike to fulfill the work duties. Forces strikers to get back to work or perish
Where is the hiring of professional strike breakers illegal?
BC and Ontario
When can managers do work of union members
When they were already managers at the location before the strike began
When can replacement workers be acceptable
Essential Services
When does a strike end?
- Collective Agreement is reached
- One party ceases its actions (returns to bargaining)
- Back to work legislation
How do the parties prepare for strike?
Unions can hold reserves of $$ to maintain strike pay over extended period of time.
Employers can set resources aside likewise in preparation
What is a measure of strike/lockout activity?
“Lost-person Days”
Comment on Canadian Strikes
Tend to be longer, but we have fewer
